These can be entered into prior to marriage or after marriage but before marriage breakdown. The same limits that apply to cohabitation agreements apply here.
The following issues can be dealt with in a marriage contract:
- Ownership in or division of property
- Support obligations
- The right to direct the education and moral training of children but not the right to custody or access to children; and
- Any other matter in the settlement of the parties’ affairs
However, a provision purporting to limit a spouse’s right to possession of the matrimonial home is unenforceable, as are any other restrictions of a spouse’s rights under Part II of the FLA.